2012.06.22

How to Oppose a New gTLD Application

ICANN has greatly expanded the number of top level domains that are going to be available as registries for people to potentially register domains on. And they have just issued their list of new gTLD registry applications that have been submitted. So, there are a large number of TLDs that have now been put into play. For instance, American Automobile Association has registered for .AAA, dot triple A. AARP has filed for a registry application for .AARP, and there is any number of TLDs that are now in play to become registries. Once those registries are set up, the registries will craft their own rules for who can register domain on that gTLD.

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As many of you already know, ICANN has greatly expanded the number of top level domains that are going to be available as registries for people to potentially register domains on. And they have just issued their list of new gTLD registry applications that have been submitted. So, there are a large number of TLDs that have now been put into play. For instance, American Automobile Association has registered for .AAA, dot triple A. AARP has filed for a registry application for .AARP, and there is any number of TLDs that are now in play to become registries. Once those registries are set up, the registries will craft their own rules for who can register domain on that gTLD.

For instance, .aetna will certainly, as part of their registry, indicate that only Aetna Life Insurance Companies can register domains. So, those are dot brand type domains. For more open domains such as potentially a .dot, assuming those registries are going to remain open, they will probably allow many or just about anyone to register domains on that gTLD, on that top level domain.

The interesting question becomes for both trademark owners and Internet community folks alike, is what if they don't want to see one of these new TLDs get rolled out. What if they think that the TLD is a bad idea? There is an opportunity for these TLDs to be opposed. For instance, .sucks has been applied for by three different entities. Two in the U.S., the United States, and one in Canada. Now, these folks are going to have to compete amongst themselves to see who can operate the registry for that gTLD. But assuming that they're able to get through that process, you, as a trademark owner or you as an Internet community member, have the ability as part of the ICANN top level domain registration process, have the ability to oppose that new registry, that new gTLD, because you think it is too close to your trademark.

Let's just use, by way of an example, there's a couple of TLDs for .style but if someone had a trademark for a company called Style, and this is purely hypothetical, they might not want to see a .style roll out because it would be very confusing with their trademark. So, a trademark owner could oppose the gTLD application on the basis of likelihood of confusion for consumers with the trademark owner. In the near term, there is going to be a window by which trademark owners and Internet community folks in general can start opposing these gTLDs.

The Internet law attorneys at Traverse Legal are going to be representing clients who wish to oppose a particular TLD. We understand the process for opposition of a gTLD, and we've been following the new gTLD application process for the last many years in anticipation of the problems that will now be put forward on a particular string application. If you have a problem with one of the TLDs that have been applied for, you can give us a call, and we potentially will be able to represent you and put in an opposition that we think will give you the best chance of success in opposing or limiting the gTLD application at the registry level. That could be an opposition of the TLD altogether or an opposition of the business model on which the gTLD wishes to roll out on.

My name is Internet Law Attorney, Enrico Schaefer, and we will see you next time.

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